Back / lumbar spine decisions — 2022

The Board has remanded the cases for further development due to inadequate examination reports and issues related to the Veteran's lumbar spine disability.

The Veteran's claims for left knee, right knee, and right foot disabilities are denied as there is no evidence of a current disability or link to service.,The Veteran's claim for lumbar spine disability is denied as there is no evidence of a current disability or link to service.

The Board has remanded the issue of service connection for a low back disability due to new evidence and additional development needed.

The Veteran's lumbar spine disability is granted as secondary to her service-connected left knee disability.

The Board has granted service connection for a scar related to head trauma, left knee condition, right-hand condition, low back condition, and TBI. The Veteran is also receiving an increased rating of 10 percent for his right knee limitation of flexion.

The Board denied the Veteran's claims for service connection for bilateral shoulder disability, low back disability, and bilateral knee degenerative joint disease due to a lack of evidence linking these conditions to his active military service.

The Veteran's claimed spinal conditions are not service-connected as they are not related to his military service and do not qualify under the presumptive provisions for Persian Gulf War veterans.

The Veteran's claim for service connection for a lumbar spine disability, including degenerative disc disease and strain, was denied as there is no credible evidence of an in-service injury or disease. The Board found the Veteran's allegations of back pain during service to be not credible given her denial at separation.,Service connection for tinnitus was also denied due to lack of credible evidence linking the condition to service. The Veteran reported onset several years after service, and there is no documented treatment or diagnosis prior to 2015.

The Board has remanded the claims for service connection for a low back disability and an acquired psychiatric disorder due to procedural issues and the need for additional medical examination.

Service connection is denied for a lumbar spine disability, cervical spine disability, and asthma.,An effective date earlier than November 23, 2016, for the award of service connection for hearing loss and tinnitus is also denied.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional clarification regarding his service-connected conditions.

The Board has remanded the claim due to inadequate medical opinion regarding whether the Veteran's low back disorder is a congenital defect or disease, and if so, whether it was aggravated by service.

The Board has determined that a new VA examination and opinion are needed to address the Veteran's claims for service connection of lumbar spine disability, hearing loss, and tinnitus due to the lack of adequate consideration of his testimony regarding in-service aggravation.

The Board has remanded the Veteran's claims for service connection for right knee, left knee, neck, and back disabilities due to incomplete VA examination reports and a need for further medical opinion.

The Veteran's service-connected conditions meet the schedular prerequisite criteria for a TDIU, and her mental and physical disabilities have rendered her unable to obtain or maintain a substantially gainful course of employment. The Board has granted entitlement to TDIU from July 26, 2020.

The Board has found that there was not substantial compliance with the August 2021 remand directives and has therefore ordered a new VA examination to assess the severity of the Veteran's low back disability, as well as additional retrospective opinions. The TDIU claim is also being remanded due to its inextricability from the low back disability claim.

The Board has remanded the cases for further development to address whether the Veteran's lumbar spine disability manifests in symptoms with the functional equivalent of ankylosis during flare-ups, consistent with Chavis v. McDonough.

The Board has remanded the cases for further evaluation and clarification of the severity of the Veteran's low back disability and bilateral lower extremity radiculopathy from February 14, 2006 to September 20, 2016.

The Board has remanded the case for further development due to additional evidence received since the January 2021 Supplemental Statement of the Case.

The Veteran's claims for earlier effective dates for service connection to depressive disorder and back disability are denied.,The Veteran's claim for higher staged ratings for his depressive disorder is also remanded.